Following earlier reasons terminating spousal support retroactively, the court addressed the issue of costs.
The applicant, as the successful party, sought substantial costs relying on two settlement offers that were more favourable than the ultimate result and alleging unreasonable litigation conduct by the respondent.
The respondent argued that costs should be significantly reduced due to financial hardship and the alleged simplicity of the matter.
The court found that the respondent’s conduct unnecessarily increased litigation costs but expressed concern that the amount claimed was excessive for what was essentially a straightforward proceeding.
Costs were fixed globally at $25,000 payable by the respondent within 60 days.